Nurses Resigning After Maternity Leave: Can Hospitals Protect Against This Trend?

Hi,

I am the HR manager of a hospital that employs about 300 employees. It has become an increasing trend among the organization that nurses, after availing 12 weeks of maternity leave at full pay, are resigning from services. In such a case, what protection does an organization have? Can it take any action? Or can the organization have such an arrangement that the employees will get paid for the maternity leave upon resuming duty?

Regards,
Madhumita Roy
Siliguri

Dear Siliguri,

As far as I know from my experience, there can be no arrangement made regarding women who resign post maternity leave. It is a right of a woman under the law. One thing you can do is start recruiting more male members for this post; this will reduce your burden. Aim for a 60:40 ratio. Check their track records in the hospitals where they have worked earlier. If similar situations have occurred, you know what to do.

Alternatively, you can recruit senior nurses who already have two children (in this case, the chances of them taking maternity benefits are less). If nurses have spent at least two years in your hospital, then you can waive this consideration due to their service to the hospital. Another option is to start a creche for the newborn babies.

May I ask which hospital you are working in?

Regards,
Sonali

You cannot withdraw their resignation or leave benefits just because it's mandated by the law. Don't try to find something beyond the law which is not tenable, or you will find yourself in deep trouble. Instead, adopt a softer approach to encourage working after delivery; make provisions for childcare and facilities for your staff.

There is no solution to this without violating the law, which is not advisable.

Regds,
Badlu

Hi Madhumitha,

What I can suggest to you here is to keep their salary on hold from the day they start their leave. Once they return, if you find that their performance is good, then you can pay them the full salary. I hope my suggestion will work.

Regards,
Vikram

Dear Vikram,

As I had mentioned earlier, maternity leave is a woman's right in employment. No company can withhold the salary. The employee can seek help from the law.

Thanks,
Sonali

Dear All,

Coming to the following laws:
1) Maternity Benefit Act - 1961
2) Employment Exchange Act - 1961
3) AP Shops & Establishment Act 1988 & Rules 1990
4) The Contract Labour (R & A) Act, 1970, AP Rules 1971
5) The Minimum Wages Act 1948 & Rules 1949
6) AP Labour Welfare Fund Act, 1987 or
7) Contract Labour (Regulation & Abolition) Act 1972

If you refer to any law, it states that female employees have the right to take 12 weeks of maternity benefits, which are payable by the management.

Regarding Venkat, I would like to inquire about your experience in the Human Resource Department and how you can suggest stopping payments towards maternity benefits for female employees. You are proposing that upon the female employee's return to the office, payment should be based on performance. What criteria for performance evaluation are you using in this situation?

No management entity has the right to withhold maternity benefits. If anyone attempts to deny this facility to female employees, it constitutes an offense under the AP Shops and Establishment Act.

I hope these laws clarify any doubts you may have.

Hi,

I suggest that any new joiner undergo a medical test to ensure that the person is fit to carry out the duties of the profession without any problems. This is particularly important for roles that involve extensive traveling, so it's advisable to refrain from hiring individuals who may face health issues. We recommend that they join the company only after they are deemed fit for the job. This policy applies to both genders. I hope this clarifies the procedure.

Do you have any comments on this approach?

Regards

Dear Xavier,

Are we civilized? Do you know about business ethics and social responsibilities as well as human rights? I think we are narrow-minded.

Badlu

Hi All,

I think Badlu is right. We should not deprive someone of jobs or a career just because of gender. In the case of Venkat, where female employees take advantage of maternity leave and then leave the job, I would suggest looking into the reasons for this. Any wrong practice can happen once or twice, but when it becomes the norm, management has to review their actions. Not all nurses can take maternity leave benefits and resign from their jobs.

Regards,
Mehul Mehta

Such an examination (with the stated purpose) would be considered an offense under the Regulation on Sexual Harassment against Women. This also amounts to unfair treatment.

No one can deprive maternity benefits from a woman. It is permissible by law and is very much required. Government organizations are offering 6 to 12 months of leave with pay to women employees, but the same is not applicable to private organizations where the situation demands this benefit for this very important stage.

Thank you,
Kalpana

Dear Madhumita,

As per the Maternity Benefit Act, you cannot stop the payment for the same. Also, if the employee is covered under the ESIC Act, then the burden automatically lessens. For those who are not covered, you should check whether she has worked for 80 days or not as the liability arises only then. By no means can you stop the salary just because she is on leave and you have doubts about her returning. Please do not encourage such practices, as your organization will be in trouble if it does not comply with the statutory acts and provisions.

Sanjeev

Dear All,

I am very sorry, friends, if I have hurt your sentiments. My intention in saying so was not based on gender.

Regards

Hi Madhumita Roy,

As your issue is most of the women employee's resigning from Job after Maternity leave. We cannot stop them from doing so and law would not accept it.
First let us analyze the reason for the same and try to minimize this:
You said yours is a hospital which means women employee's need to work at night shifts also, but let us be practical will anyone be ready to leave a 3 months old child at home and come to work in odd timings.. I really don't think anyone would want to, so I suggest you should make some alternative arrangements which make them feel to come to work.
· May be work shifts should be only day timings or
· Timings could be little flexible or
· Working for 6 hrs or so instead of 8 hrs a day, at least for two more months from their maternity leave.
· Extending the leave of maternity without pay for few more days.
By doing this they would at least think to come back to work and try these timings or any other benefits that you would give which would facilitate them to take care of their baby. Incase these doesn't help them or they are still facing any issue, you could always check on the issues they are facing and then decide. At least you would well in advance know what would happen.
Hope this could be an alternative suggestion as you cannot stop or hold their resignations.
Thanks and Regards
Padma
Write to me: [IMG]https://www.citehr.com/misc.php?do=email_dev&email=YWx3YXlzcGFkbWFAZ21haW wuY29t[/IMG]

Hi,

I am working in a US-based staffing company. Is this law mandatory for those types of private companies as well? Please let me know the details.

Thanks,
Shan.

Dear Shan,

For any "factory," "shop, or establishment" that is registered and operational within the country, these laws are applicable.

Regards,
Partha.

Dear Madhumita,

I would like to wait to hear your reaction as there is an amendment to the act, and the new proposal is to increase the maternity leave to six months from the current 12 weeks. Even though this has become law, just imagine? It is best to have the nurses outsourced from a vendor, so your liabilities are limited to that extent.

Best regards,
SKP

Hi Madhumita Roy,

I feel B.K. Padma's view has a positive approach to solving the issues. In addition to B.K. Padma's view, here are a few more suggestions:

1. You can encourage the staff who are joining after their maternity leave (M.L) by giving some kind of extra allowances. This could be planned in advance before recruitment as part of CTC.
2. Implement a policy where employees returning after M.L. leave will receive certain lump-sum benefits (similar to those who have worked for 5 years after M.L. return). This could be part of the compensation plan.
3. Providing a creche facility is important to address this issue.
4. Give strong consideration to women employees. If they are leaving, it may be for important social and childcare reasons that cannot be avoided.
5. Encourage women employees to take long leaves without pay. Meanwhile, develop a pool of contractual staff to cover for permanent staff on leave.

It is important to understand that nobody is interested in being idle at home in today's economic world. Offering some relaxation can motivate employees to overcome their situations.

Please don't view them as burdens or problems; instead, treat them as valued family members. They will appreciate working for the organization and are likely to return.

Regards

Hi,

I believe you have enough solutions on how to approach this issue. I would like to add one thought. HR is all about managing human resources. We have to play an important role in facilitating a healthy work environment. Any action taken by HR is evaluated by employees, so we must be careful in creating and implementing policies and processes.

Please investigate the real issues. You must have received enough feedback from employees on why they are quitting. Present the facts and data to management to come up with a long-term solution.

We have to continuously adapt HR according to industry and business requirements while ensuring our employees are receptive and positive, and the overall work culture is good.

Hi,

You will have to live with this situation. Legally, they have the freedom to take 12 weeks of fully paid maternity leave and upon rejoining, leave the organization. However, the recourse you could consider is implementing a notice period for resignation, which would provide you with some relief.

Regards,

Hi Madhumita,

I am the HR manager of a hospital that employs about 300 employees. It has become an increasing trend among the organization that nurses, after availing 12 weeks of maternity leave at full pay, are resigning from services. In such a case, what protection does an organization have? Can it take any action? Or can the organization have an arrangement where employees will get paid for the maternity leave upon resuming duty?

Regards,
Madhumita Roy
Siliguri

Hi Jyothi,

I think there is a labor law that states if any organization has 20 or more women employees, opening a creche is compulsory. If you open a creche, your problem will be solved.

Regards,
Jyothi

Tough one... Our employees have had the courtesy to accept the salary on return. Presumably, it boils down to whether the individual wants the job or not.

Dear friends, I would like to suggest that when you receive a notice of maternity leave, you can recruit a contractual employee for a period of three to four months. If the contractual employee's performance is found satisfactory, you have the option to hire him/her as a regular employee if needed. Otherwise, their contract shall be automatically terminated.

Thanks,
Amit Thaware